Nutricia International Private Limited - Protinex

Recommendation: Not Upheld | Medium: Industry Member

The ASCI had approached the advertiser for its response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The advertiser was offered an option to seek an Informal Resolution (IR) of the complaint by modifying or withdrawing the claims in the advertisement, or alternately to substantiate the claims with supporting data. The advertiser was also offered an opportunity for a telecon with the ASCI Secretariat, which they did not avail and submitted their response. The advertiser in their response stated that, “….the claim made by the Company in the advertisement is based on the research article titled “The Effect of 8-Week Protein Supplementation with a Simple Exercise Program on Body Composition, Muscle Strength, and Amino Acid OMICS among Healthy Sedentary Indians: A Randomized, Double-Blind, Placebo-Controlled Trial”. The abovementioned article is published in the peer-reviewed journal. The advertisement in question clearly depicts that with an active lifestyle, protein supplementation does have a positive impact on the body. The tag line “Protinex Hai Toh Mumkin Hai” in question is in the form of puffery which is permitted in law. Further, other brands of similar nature are also using the similar taglines…” As claim support data, the advertiser submitted the following documents – (1) Peer-reviewed journal article, (2) Copy of studies to justify that muscle mass and muscle strength are linearly related, (3) Copy of advertisement, (4) Snapshots of disclaimer provided for the claim of 8 weeks, (5) Front and back label of the product. The advertiser’s response along with the claim support data was referred to an Independent technical expert of ASCI for an opinion in the matter. The expert’s opinion was then shared with the complainant and the advertiser for making additional submissions. In response to the expert’s opinion, the advertiser submitted that, “The Company once again places reliance on the research article titled, “The Effect of 8- Week Protein Supplementation with a Simple Exercise Program on Body Composition, Muscle Strength, and Amino Acid OMICS among Healthy Sedentary Indians: A Randomized, Double-Blind, Placebo-Controlled Trial”. The Peer reviewed article very clearly mentions that significant increase in Lean mass/Muscle mass was observed in Protinex supplemented group compared to control. the improvement in muscle strength in Protinex supplemented group was higher compared to control. This is to show that the product is designed by the scientists to include the right nutrients like protein and other vital nutrients to support improvement in muscle strength. The claim uses the word “Improved” which term does not quantify or qualify the specific benefits that a consumer would see. It merely means that the consumer would see betterment in muscle strength in 8 weeks”. The advertiser had a telecon/meeting with the ASCI Secretariat and the technical expert via zoom video conference to discuss their submissions. The complainant responded to the expert’s opinion. In their submissions they stated that, “Claim: Protinex hai toh Mumkin Hai - While the Expert has mentioned that adding micronutrients and minerals to the product impacts the capacity of the protagonist to undertake more physical work and get more out of life, we would like to state that any such claim to be attributed to the Product- Protinex, has to be compulsorily backed by a human intervention study and peer reviewed/ published in a peer reviewed journal, as has been made amply clear in Regulation 7(5) of the Advertising and Claims Regulation. A claim to be valid in such a scenario, should be attributed to the nutrients, to which they owe their benefit and not to the Product- Protinex, in general. …. to understand whether the claim of “Mumkin hai” would apply as an ingredient led claim, it is important to understand the health benefit scenarios played out in the advertisement”. The additional submissions by the complainant and the advertiser were shared with the technical expert for final opinion. The Consumer Complaints Council (CCC) viewed the YouTube advertisement (https://www.youtube.com/watch?v=-C-LbWYQaKE0), and Amazon ad (https://www.amazon.in/Protinex-Vanilla-Delight-400-g/dp/B078N8HR35/ref=sr_1_1_sspa?crid=SKJI70VGCY6G&dib=eyJ2IjoiMSJ9.Db3etxkvmpMQtb_mShMmPOvVnHkJi3P7RVrmaGefrTcx1ZKsvKeBpSFO6Re8cxoI_hLI-e1NIKum_aQCK31QtfZ7XnwBnrJsA6DfTzoU2xPUSjseADB1-KF0M8R-7KP7E9nUvJE3g4LmTGs9EG_yS7gpx2B5mnJvqe-VT-lZfZTrRdsLFKwGMH-jJ_8Edxg-P2Au0SsX-EkeCNzsBDJFOPAYWywYCkx_P7XOnoBZw46NlWQTcnmR1p0quY91oWmND0-OyT-u4ZHX092BMOs-Ak4LnvkTlyQ-qsI1Jth66DM.5G8k_-8Nf22aCgONpty6NgqyHnraoImjXvuXGAa9tZc&dib_tag=se&keywords=protinex%2Boriginal&nsdOptOutParam=true&qid=1728968795&sprefix=PROTINEX%2Caps%2C245&sr=8-1-spons&sp_csd=d2lkZ2V0TmFtZT1zcF9hdGY&th=1), considered the complaint, the advertiser’s response along with the claim support data, and the expert’s final opinion presented at the meeting. Claim – “Improves Strength in 8 Weeks” The CCC observed that the said claim in the advertisement is supported by the research article titled, 'The Effect of 8-Week Protein Supplementation with a Simple Exercise Program on Body Composition, Muscle Strength, and Amino Acid OMICS among Healthy Sedentary Indians: A Randomized, Double-Blind, Placebo-Controlled Trial', published in a peer-reviewed journal. This study provides scientific evidence for the effects of protein supplementation combined with exercise on body composition and muscle strength. The CCC discussed that the study done to evaluate the effects of protein supplementation combined with a simple exercise program on various health parameters in sedentary Indian adults. The key findings indicated that the group receiving the protein supplement (Protinex) showed significant improvement in lean mass and appendicular muscle mass compared to the placebo group. While muscle strength and contractile quality were comparable between the two groups, the protein supplement group exhibited a slight directional improvement in muscle strength. The key finding was the significant increase in lean muscle mass in the group that took the protein supplement after the intervention. The literature references provided supports the claim that muscle mass is positively correlated with muscle strength, as evidenced by numerous clinical studies. The CCC further discussed that the advertisement emphasizes that an active lifestyle combined with protein supplementation, like Protinex, can positively benefit the body. The advertisement on Amazon has a disclaimer that `Protinex should be consumed as a part of a well-balanced diet and healthy lifestyle’. The claim is presented without using superlative terms. It suggests that, with regular consumption over an 8-week period, Protinex can contribute to improvements in muscle strength. Based on this assessment, the CCC concluded that the claim, “Improves Strength in 8 Weeks”, was substantiated. The said claim is not in contravention of Chapter I of the ASCI Code. This complaint was NOT UPHELD Claim – “Protinex hai toh mumkin hai” The CCC observed that the advertisement showcases a student preparing for an entrance exam, highlighting the importance of hard work and study. The CCC discussed that the advertisement does not present Protinex as an instant solution for achieving excellent scores. The tagline, "Protinex hai to mumkin hai" translates to "If it's Protinex, then it's possible", is intended to imply that with Protinex, certain possibilities are achievable. It should not be seen as a direct claim of benefits. The tagline is a form of puffery, which is an exaggerated promotional statement that is not meant to be taken as a guarantee of outcome. Based on these observations, the CCC did not consider the claim, “Protinex hai toh mumkin hai”, to be objectionable. The said claim is not in contravention of Chapter I of the ASCI Code. This complaint was NOT UPHELD